Congressman Dan Goldman Joins Gun Violence Prevention Task Force to Urge Department of Veterans Affairs to Keep Veterans Safe from Gun Violence
The ‘Kennedy Amendment’ Prevents Department of Veteran Affairs from Adding Veterans Who May Be a Danger to Themselves or Others to the National Instant Criminal Background Check System
Lawmakers Urge Department to Use Previously Appropriated Funding that is Not Subject to ‘Kennedy Amendment’ to Continue Adding Veterans to Background Check System
Read the Letter Here
Washington, DC – Congressman Dan Goldman (NY-10) joined Congressman Mike Thompson (CA-04) and Congressman Mark Takano (CA-39) in sending a letter to Secretary of Veterans Affairs Denis McDonough urging the Department of Veteran Affairs (VA) to take steps to address the problems created by the ‘Kennedy Amendment.’ The ‘Kennedy Amendment’ is a rider House Republicans fought to include in the recently passed Consolidated Appropriations Act of 2024 that limits the VA’s ability to stop veterans who pose a danger to themselves or others from purchasing firearms.
The ‘Kennedy Amendment’ rolls back the Department’s current process by preventing the VA from adding veterans they deem to be “mentally incompetent” to the National Instant Criminal Background Check System (NICS). The Department is required to make competency determinations by law and provides veterans with an opportunity for appeals. The current process helps ensure that veterans who are a danger to themselves or others are flagged in the background check system if they try to purchase a firearm.
“At a time when veteran suicide remains a terrible crisis, we should not be making it easier for veterans who are a danger to themselves or others to access firearms,” the lawmakers wrote. “Perversely, the Kennedy Amendment is not only a threat to the physical health of veterans, but also threatens to put troubled veterans into legal jeopardy. When the VA makes a determination that a veteran is “mentally incompetent,” the veteran automatically becomes a ‘prohibited purchaser’ under longstanding federal regulations, thereby making it a felony for the veteran to purchase a firearm.”
The lawmakers highlight three steps that the Department can take to address the changes created by the ‘Kennedy Amendment:’
Create an automatic process to seek a judicial order for veterans the Department has found to be “mentally incompetent” for the purposes of appropriately adding them to the NICS background check system
Complete a study on veterans who are determined to be “mentally incompetent,” and the veterans who die by suicide or are involved in incidents of gun violence
Make full use of state extreme risk protection order laws to flag concerning behaviors from veterans, including through a concerted educational campaign highlighting the extreme risk protection order laws and processes available specific to the state VA facilities are located in
“The Kennedy Amendment is dangerous for vulnerable veterans and makes our communities less safe,” the lawmakers continue. “We urge you to use prior year funds to continue to submit data to the NICS system for as long as possible while the Department takes emergency action to institute changes that will address some of the issues raised by the Kennedy Amendment.”
Congressman Dan Goldman is committed to ensuring guns stay out of the hands of individuals who may pose a danger to themselves or others.
In August of 2023, Goldman cosponsored a package of legislation that establishes a federal “red flag” program and strengthens state and local legislation through the creation of grant programs to support the implementation of extreme risk protection order laws. Extreme risk laws, or “red flag” laws, allow a judge to temporarily remove a person’s access to guns when there is evidence that they pose a serious risk to themselves or others. These laws contain strict “due process” requirements involving multiple hearings and hard evidence.
In January, the Congressman cosponsored the ‘Stop Online Ammunition Sales Act,’ which would place safeguards and limitations on the sale of ammunition over the internet by requiring federally licensed ammunition dealers to confirm the identity of individuals who arrange to purchase ammunition over the internet by verifying a photo I.D. in-person. The bill would also require ammunition vendors to report any sales of more than 1,000 rounds within five consecutive days to the U.S. Attorney General, if the person purchasing ammunition is not a licensed dealer.
Congressman Goldman is Vice Chair of the House Gun Violence Prevention Task Force and is Chair of the Dads Caucus Gun Violence Prevention Working Group.
Read the letter here or below:
Dear Secretary McDonough,
As members of the Gun Violence Prevention Task Force, we are deeply concerned with Section 413 known as the Kennedy Amendment, which was included in the Senate-passed appropriations bill for Military Construction, Veterans Affairs, and Related Agencies appropriations bill, and later included in the minibus for six of the 12 government funding bills.
The Kennedy Amendment rolls back 30 years of common-sense precedent and practice which ensures that veterans who are deemed to be “mentally incompetent” are added to the National Instant Criminal Background Check System (NICS). The current process used by the Department of Veterans Affairs (VA) to make a competency determination as required by law, includes an opportunity for appeals, helps ensure that veterans who are a danger to themselves or others are flagged in the background check system if they try to purchase a firearm.
At a time when veteran suicide remains a terrible crisis, we should not be making it easier for veterans who are a danger to themselves or others to access firearms. Perversely, the Kennedy Amendment is not only a threat to the physical health of veterans, but also threatens to put troubled veterans into legal jeopardy. When the VA makes a determination that a veteran is “mentally incompetent,” the veteran automatically becomes a ‘prohibited purchaser’ under longstanding federal regulations, thereby making it a felony for the veteran to purchase a firearm. This is true whether the firearm is purchased in a private sale or through a licensed dealer, and it is true whether or not the VA has submitted information about the mental status of the veterans to NICS.
We urge the Department to take several actions to protect veterans. First, we ask you to commit to creating an automatic process to seek a judicial order for veterans the Department has found to be mentally incompetent for the purposes of appropriately adding them to the NICS background check system.
Second, we request that the Department complete a study on veterans who are determined to be “mentally incompetent,” and the veterans who die by suicide or are involved in incidents of gun violence. Understanding the sensitive nature of this information, this report should consist of anonymized numerical data and analysis.
Third, we urge the Department to make full use of state extreme risk protection order laws to flag concerning behaviors from veterans. The deadly mass shooting in Lewiston, Maine is a reminder of what can happen when red flags are not taken seriously. To that end, we encourage a concerted educational campaign highlighting the extreme risk protection order laws and processes available specific to the state VA facilities are located in. This information is vital for veterans and their families.
The Kennedy Amendment is dangerous for vulnerable veterans and makes our communities less safe. We urge you to use prior year funds to continue to submit data to the NICS system for as long as possible while the Department takes emergency action to institute changes that will address some of the issues raised by the Kennedy Amendment. We thank you for your consideration of this issue.
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